CUBAN v. SECURITIES AND EXCHANGE COMMISSION

Filing 52

Renewed MOTION for Partial Summary Judgment Pursuant to Court Order of July 1, 2011 by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Memorandum in Support Brief in Support of Def's Renewed Motion for Partial Summary Judgment Pursuant to Order of July 1, 2011, # 2 Exhibit Defendant's Third Revised Index, # 3 Declaration Third Suppl Declaration of N. Maloney)(Hernandez, Juanita) Modified on 10/14/2011 (td, ).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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) Case: 1:09-cv-00996 (RWB)
) Assigned: Walton, Reggie B.
) Description: FOIA/Privacy Act
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MARK CUBAN,
Plaintiff,
v.
SECURITIES AND EXCHANGE
COMMISSION,
Defendant.

DEFENDANT’S RENEWED MOTION FOR PARTIAL SUMMARY JUDGMENT
PURSUANT TO JULY 1, 2011 COURT ORDER
Comes now, Defendant, the Securities and Exchange Commission (“Defendant”
or the “Commission” or “SEC”) and pursuant to this Court’s Order of July 1, 2011 and
Rule 56 of the Federal Rules of Civil Procedure, hereby respectfully moves for partial
summary judgment 1 in its favor in this case brought by Plaintiff Mark Cuban pursuant to
the Freedom of Information Act (FOIA), 5 U.S.C. §552, on the grounds that there are no
genuine issues of material fact, and Defendant is entitled to judgment as a matter of law
in this FOIA action.
In support of this Motion, the Defendant would respectfully refer the Court to the
Brief in Support of Defendant’s Renewed Motion for Partial Summary Judgment, and its
attached Exhibits. 2 A proposed order is also attached pursuant to Local Rule 7(h).
1

The SEC incorporates by reference the underlying facts and Statement of Material Facts previously
provided in its prior filings in this case. Local Rule 7(h).

2

The SEC also incorporates by reference its legal arguments it previously raised in its first two motions on
these documents for partial summary judgment and for reconsideration including supportive responses and
its supportive exhibits

1

Respectfully submitted,
/s/ Juanita C. Hernandez
Juanita C. Hernández
D.C. Bar No.449797
Melinda Hardy
D.C. Bar No. 431906
Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549-9612
[e-mail]
[e-mail]
202-551-5152 (telephone) (Hernández)
202-772-9263 (facsimile)

Dated: October 13, 2011

Attorneys for Defendant

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

)
)
)
)
)
) Case: 1:09-cv-00996 (RWB)
) Assigned: Walton, Reggie B.
) Description: FOIA/Privacy Act
)
)
)
)

MARK CUBAN,
Plaintiff,
v.
SECURITIES AND EXCHANGE
COMMISSION,
Defendant.

[ PROPOSED] ORDER

On this day came on to be heard Defendant’s Renewed Motion for Partial
Summary Judgment Pursuant to this Court’s Order of July 1, 2011, and the Court having
reviewed said Motion and supporting legal arguments and authority in support of such
motion and responses thereto and in accordance with the Court’s ruling in its
Memorandum Opinion being issued contemporaneously with this Order, it is herby
ORDERED that Defendant’s Renewed Motion for Partial Summary Judgment is
GRANTED.

Signed and entered on this ___ day of ________, 2011.

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HON. REGGIE B. WALTON
United States District Judge

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